Sen. Jennifer L McClellan

Requires the Department of Education to establish guidelines for individualized education program (IEP) teams to utilize when developing IEPs for children with disabilities to ensure that IEP teams consider the need for age-appropriate and developmentally-appropriate instruction related to sexual health, self-restraint, self-protection, respect for personal privacy, and personal boundaries of others. The bill requires each local school board, in developing IEPs for children with disabilities, in addition to any other requirements established by the Board, to ensure that IEP teams consider such guidelines.

Requires the completed medical certification portion of a death certificate to be filed electronically with the State Registrar of Vital Records through the Electronic Death Registration System and provides that, except for under certain circumstances, failure to file a medical certification of death electronically through the Electronic Death Registration System shall constitute grounds for disciplinary action by the Board of Medicine. The bill includes a delayed effective date of January 1, 2020, and a phased-in requirement for registration with the Electronic Death Registration System and electronic filing of medical certifications of death for various categories of health care providers. The bill directs the Department of Health to work with stakeholders to educate and encourage physicians, physician assistants, and nurse practitioners to timely register with and utilize the Electronic Death Registration System.

Exempts menstrual supplies, specifically pads, tampons, and menstrual cups, from sales and use tax. The bill has a delayed effective date of July 1, 2020, and is contingent on funding in a general appropriation act.

Requires the Department of Motor Vehicles, upon the request of the applicant and presentation of a signed statement by a licensed neurologist confirming the applicant's condition, to designate a traumatic brain injury on the applicant's driver's license.

Directs the Board of Education to review and update the health Standards of Learning for students in all grades to include mental health. Legislation passed in 2018 required such review and update for students in grades nine and 10.

Provides that any person who commits an act of aiding prostitution or illicit sexual intercourse or using a vehicle to promote prostitution or unlawful sexual intercourse, when such act involves a minor, is guilty of a Class 6 felony. Under current law, such acts are punishable as a Class 1 misdemeanor. The bill adds these two new felony offenses to (i) the definition of "violent felony" for the purposes of sentencing guidelines, (ii) the definition of barrier crimes for the purposes of background checks for employees or volunteers providing care to children or the elderly or disabled, (iii) the definition of predicate criminal acts for street gangs, (iv) the definition of racketeering activity under the Virginia Racketeer Influence and Corrupt Organization Act, (v) the list of violations that a multi-jurisdiction grand jury is responsible for investigating, and (vi) the list of offenses requiring registration in the Sex Offender and Crimes Against Minors Registry. The bill includes touching the intimate parts of another person with the intent to sexually arouse or gratify or allowing another person to touch one's own intimate parts with the intent to sexually arouse or gratify to the list of conduct that, when done for money or its equivalent, constitutes prostitution, which is punishable as a Class 1 misdemeanor or, when such act involves a minor, a Class 6 felony. The bill also provides that any person who receives money for procuring another person for the purpose of causing such person to touch the intimate parts of another person with the intent to sexually arouse or gratify is guilty of a Class 4 felony or, if such offense involves procuring a minor, a Class 3 felony. The bill also adds felony prostitution and felony human trafficking offenses involving a minor to the definition of "violent felony" for the purposes of sentencing guidelines and provides that each violation of commercial sex trafficking is a separate and distinct felony. The bill allows a court to order, upon application by the attorney for the Commonwealth or the defendant, that the testimony of (a) a child victim of an offense of commercial sex trafficking or prostitution, if such child is 14 years of age or younger at the time of the offense and 16 years of age or younger at the time of the trial, or (b) a child witness of such offense, if such child is 14 years of age or younger at the time of trial, be taken by two-way closed-circuit television.